§7710 — Title 20 Education | U.S. Code

Summary

The Secretary must round any payments under this program to the nearest whole dollar. Federal agencies that manage property where children live, or run activities that could trigger help under this law, must, as much as they reasonably can, give the Secretary the information needed to run the program. The Secretary must also count some children as eligible even when the federal property where they live or where a parent works is in a different State than the school, if the child meets all these conditions: the child lives in a State next to the State where the school’s district is or lives with a parent who works on federal property in that neighboring State; the district’s schools are a closer, more reasonable commute than the schools for the child’s home area; going to the home-area schools would cause a big hardship for the child; the State where the child attends school pays for the child’s education the same as for other public school children (unless another rule applies); and the local district got a payment in fiscal year 1999 for such children. If a local school district gives the Secretary all required data within one year after the fiscal year in which money was appropriated, the Secretary must pay the full amount the district is eligible for no later than September 30 of the second fiscal year after that appropriation. If the total money available under the appropriation is too small to cover everyone, payments are limited to the amount available.

Title 20, §7710

Education — Source: USLM XML via OLRC

(a)The Secretary shall round any payments under this subchapter to the nearest whole dollar amount.

(b)Each Federal agency administering Federal property on which children reside, and each agency principally responsible for an activity that may occasion assistance under this subchapter, shall, to the maximum extent practicable, comply with requests of the Secretary for information the Secretary may require to carry out this subchapter.

(c)(1)(A)The Secretary shall treat as eligible under subparagraph (A) of section 7703(a)(1) of this title any child who would be eligible under such subparagraph except that the Federal property on which the child resides or on which the child’s parent is employed is not in the same State in which the child attends school, if such child meets the requirements of paragraph (2).

(B)The Secretary shall treat as eligible under subparagraph (G) of section 7703(a)(1) of this title any child who would be eligible under such subparagraph except that such child does not meet the requirements of clause (ii) of such subparagraph, if such child meets the requirements of paragraph (2).

(2)A child meets the requirements of this paragraph if—

(A)such child resides—

(i)in a State adjacent to the State in which the local educational agency serving the school such child attends is located; or

(ii)with a parent employed on Federal property in a State adjacent to the State in which such agency is located;

(B)the schools of such agency are within a more reasonable commuting distance of such child’s home than the schools of the local educational agency that serves the school attendance area where such child resides;

(C)attending the schools of the local educational agency that serves the school attendance area where such child resides will impose a substantial hardship on such child;

(D)the State in which such child attends school provides funds for the education of such child on the same basis as all other public school children in the State, unless otherwise permitted under section 7709(b) of this title; and

(E)such agency received a payment for fiscal year 1999 under section 7703(b) of this title on behalf of children described in paragraph (1).

(d)(1)Subject to paragraph (2), the Secretary shall pay a local educational agency the full amount that the agency is eligible to receive under this subchapter for a fiscal year not later than September 30 of the second fiscal year following the fiscal year for which such amount has been appropriated if, not later than 1 calendar year following the fiscal year in which such amount has been appropriated, such local educational agency submits to the Secretary all the data and information necessary for the Secretary to pay the full amount that the agency is eligible to receive under this subchapter for such fiscal year.

(2)For a fiscal year in which the amount appropriated under section 7714 of this title is insufficient to pay the full amount a local educational agency is eligible to receive under this subchapter, paragraph (1) shall be applied by substituting “is available to pay the agency” for “the agency is eligible to receive” each place the term appears.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2015—Pub. L. 114–95, § 7001(a)(1), repealed Pub. L. 112–239, § 563(c)(4). See 2013 Amendment notes below. Subsec. (c)(1). Pub. L. 114–95, § 7010(1)(A), made technical amendment to reference in original act which appears in heading as reference to section 7703(a)(1). Subsec. (c)(1)(A), (B). Pub. L. 114–95, § 7001(d)(3), made technical amendment to reference in original act which appears in text as reference to section 7703(a)(1) of this title. Subsec. (c)(2)(D). Pub. L. 114–95, § 7010(1)(B), made technical amendment to reference in original act which appears in text as reference to section 7709(b) of this title. Subsec. (c)(2)(E). Pub. L. 114–95, § 7001(d)(6), made technical amendment to reference in original act which appears in text as reference to section 7703(b) of this title. Subsec. (d)(2). Pub. L. 114–95, § 7010(2), made technical amendment to reference in original act which appears in text as reference to section 7714 of this title. 2013—Pub. L. 112–239, § 563(c)(4), which directed repeal of the amendment by Pub. L. 112–239, § 563(b)(3)(B), on the day after the 5-year period that began on Jan. 3, 2013, was itself repealed by Pub. L. 114–95, § 7001(a)(1). Subsec. (c)(1). Pub. L. 112–239, § 563(b)(3)(A), substituted “paragraph (2)” for “paragraph (3) of this subsection” in subpars. (A) and (B). Subsec. (d). Pub. L. 112–239, § 563(b)(3)(B), added subsec. (d). 2000—Subsec. (c)(1). Pub. L. 106–398, § 1 [[div. A], title XVIII, § 1813(1), (2)], redesignated par. (2) as (1) and struck out heading and text of former par. (1). Text read as follows: “Notwithstanding any other provision of law, for any fiscal year before fiscal year 1995, the Secretary shall treat as eligible under subsection (a) or (b) of section 3 of the Act of

September 30, 1950 (Public Law 874, 81st Congress) (as such subsection was in effect on the day preceding

October 20, 1994), and shall forgive the obligation of a local educational agency to repay any amounts that such agency received under such section for such fiscal year based on, any child who would be eligible under such subsections except that such child does not meet the requirements of subsection (a)(1)(B) or (b)(2)(B), respectively, of such section 3, if such child meets the requirements of paragraph (3) of this subsection.” Subsec. (c)(2). Pub. L. 106–398, § 1 [[div. A], title XVIII, § 1813(2)], redesignated par. (3) as (2). Former par. (2) redesignated (1). Subsec. (c)(2)(D). Pub. L. 106–398, § 1 [[div. A], title XVIII, § 1813(3)(A)], struck out “section 5(d)(2) of the Act of

September 30, 1950 (Public Law 874, 81st Congress) (as such section was in effect on the day preceding

October 20, 1994) or” after “otherwise permitted under”. Subsec. (c)(2)(E). Pub. L. 106–398, § 1 [[div. A], title XVIII, § 1813(3)(B)], substituted “1999” for “1994”, struck out “(or such section’s predecessor authority)” after “section 7703(b) of this title”, and substituted “paragraph (1)” for “paragraph (2)”. Subsec. (c)(3). Pub. L. 106–398, § 1 [[div. A], title XVIII, § 1813(2)], redesignated par. (3) as (2).

Statutory Notes and Related Subsidiaries

Effective Date

of 2015 AmendmentAmendment by Pub. L. 114–95 effective Dec. 10, 2015, and effective with respect to appropriations for use under this subchapter beginning fiscal year 2017, except as otherwise provided in such amendment, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.

§7710 Federal administration